Texas Child Support Cap To Be Raised September 1, 2013

When calculating the amount of child support that a parent must pay in a Texas child custody case, a Court is generally limited in the amount of a parent’s income that may be considered in the calculation without evidence that the child requires additional support. Prior to 2007, the Court could only consider up to $6,000 of the parent’s “net resources” (calculated by deducting from gross monthly income certain amounts for income taxes, payroll taxes and the child’s health insurance premiums).

With the passage of legislation in 2007, Texas Courts are now allowed to consider up to $7,500 of a parent’s net resources in calculating child support. Also, a system was put into place which would allow for the automatic readjustment of the cap every six years based on the rate of inflation. The first such adjustment is due this year.

I recently received notice that the Texas Office of the Attorney General will be publishing an increate of the cap on net resources from $7,500 to $8,550, effective as of September 1, 2013. For those receiving child support from someone whose net resources are at least $8,550, this could mean the possibility of seeking an increase in child support in excess of $200 per month.